COLLIE A. COX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the finding of the trial court that appellant Collie Cox violated the terms and conditions of his probation. The sentence imposed, thirty months in prison followed by community control, represents a departure from the guideline recommendation of twelve to thirty months. State v. Van Kooten, 522 So. 2d 830 (Fla.1988). No written reasons in support of the departure are to be found within the record before us.
Accordingly, we remand this case for resentencing within the guideline range. Since this can be accomplished by deleting the consecutive community control provision, appellant need not be present for this purpose.
SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.
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Ellis Singletary v. Mary Kendra Lewis, M.D., 584 So. 2d 634 (Fla. 1st DCA 1991)…y have entered into the verdict. Evidence of improper considerations by the jury will justify a jury interview. International Union of Operating Engineers Local 675 v. Kinder, 573 So. 2d 385 (Fla. 4th DCA 1991); Bickel v. State Farm Mut. Auto. Ins., 557 So. 2d 674 (Fla. 2nd DCA 1990). Prejudice against one of the parties or the making of prejudicial comments in the presence of the jury is evidence of improper considerations. International Union, supra; Sanchez, supra. This court finds the decision in United S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)